CHAPTER 2 COHABITATION AND PREMARITAL AGREEMENTS

Which of the following provisions in a cohabitation agreement is LEAST likely to be enforced: a) an agreement to engage in sexual relations a minimum of three times a week b) an agreement not to have pets c) an agreement regarding responsibility for payment of household expenses d) an agreement not to smoke in the parties' residence

a) an agreement to engage in sexual relations a minimum of three times a week

An agreement made by two persons about to be married in which they define for themselves property rights, duties and responsibilities which flow from the marital relationship and which would otherwise be determined by state law upon divorce, separation, annulment, or death is which of the following? a) premarital agreement b) separation agreement c) postmarital agreement d) cohabitation agreement

a) premarital agreement

Lyn and Susan cohabited for ten years. During that period, Lyn paid $350,000 for a home for them to live in but put it in Susan's name. When the couple ended their relationship, Susan sought a 50% interest in their home. The court denied her request and most likely based its ruling on which of the following theories? a) resulting trust b) constructive trust c) implied-in-law contract d) joint venture

a) resulting trust

Fairness in the actual terms of an agreement that establish or waive rights (such as to alimony) is called a) substantive fairness. b) traditional fairness. c) procedural fairness. d) contractual fairness.

a) substantive fairness.

Which of the following is NOT true of cohabitation? a) Parties may freely choose to cohabit without satisfying any formal requirements. b) There is a presumption of paternity when a child is born to a female partner in a cohabiting couple. c) Division of property may be based on an agreement of the parties. d) Absent a contractual agreement to the contrary, a cohabiting partner will not be ordered to pay support to the other partner.

b) There is a presumption of paternity when a child is born to a female partner in a cohabiting couple.

If a premarital agreement is held to be invalid, a) the judge is free to award or not award alimony and to divide marital property as he or she sees fit. b) the judge may award alimony and divide marital property based on governing statutes and case law as applied to the facts of the case. c) the judge will automatically divide the parties' property equally. d) the court will divide the parties' property based on their respective incomes.

b) the judge may award alimony and divide marital property based on governing statutes and case law as applied to the facts of the case.

The idea that parties to premarital agreements bear a special fiduciary relationship to each other reflects which of the following approaches to the enforceability of premarital agreements? a) Uniform Premarital Agreement approach b) traditional fairness approach c) contemporary freedom to contract approach d) none of the above

b) traditional fairness approach

Which of the following is an example of the substantive fairness of a premarital agreement? a) The parties entered the agreement freely and voluntarily. b) Each party had a sufficient opportunity to consult with counsel. c) The terms of the agreement relating to property division were fair at the time of execution and at the time of performance of the agreement. d) All of the above. e) None of the above.

c) The terms of the agreement relating to property division were fair at the time of execution and at the time of performance of the agreement.

Which of the following devices can be used to establish rights between cohabiting partners? a) health care proxies b) durable powers of attorney c) insurance policies d) ownership of property as joint tenants with a right of survivorship e) all of the above. f) None of the above will provides protection because the partners

c) insurance policies

In the Posner case, the court held that... a) premarital agreements should not be enforced because they threaten the institution of marriage by promoting divorce. b) premarital agreements should be enforced because they always have been under common law. c) premarital agreements should be permitted because even if they anticipate the possibility of divorce, society no longer condemns divorce. d) None of the above.

c) premarital agreements should be permitted because even if they anticipate the possibility of divorce, society no longer condemns divorce.

Which of the following types of agreements is executed after the parties marry in order to settle the terms of their pending divorce or legal separation? a) cohabitation agreements b) premarital agreements c) separation agreements d) none of the above

c) separation agreements

Although states vary with respect to specific requirements for validity, generally a premarital agreement must satisfy which of the following? a) basic requirements applicable to all contracts b) procedural fairness c) substantive fairness d) all of the above

d) all of the above

A severability provision provides: a) the agreement contains the parties' entire agreement. b) the agreement may be modified, amended, or rescinded at any time based on a mutual agreement of the parties. c) the agreement binds the parties to its terms but does not bind their respective heirs and assigns. d) if any provision of the agreement is held illegal or invalid, the remaining provisions will continue to be of full force and effect.

d) if any provision of the agreement is held illegal or invalid, the remaining provisions will continue to be of full force and effect.

Bruce and Trish lived together for twenty years in Trish's house before their relationship terminated. While they were together, Bruce, on his own time and with his own funds, fully remodeled, painted and reroofed the house and installed a swimming pool. When the relationship dissolved, Bruce sought a 50% interest in the house given all the work he put into it. The court did not award him a 50% interest but did order Trish to pay him $75,000. Which theory did the court most likely apply? a) resulting trust b) express trust c) palimony d) implied-in-law/quasi-contract e) none of the above

d) implied-in-law/quasi-contract

Which of the following is a term that the courts are likely to enforce in premarital agreements? a) an agreement to engage in an insurance fraud scheme b) an agreement that one of the parties' children by a prior marriage will not be permitted to live with the parties post marriage c) an agreement to raise any child of the marriage in a particular religious faith d) an agreement to perform specific sexual acts on an established schedule e) all of the above f) none of the above

f) none of the above